Compensation for injury from leaking water from a refrigerator unit in shopping mall

PUBLISHED 16 Aug 2013

This is a matter in which our client was injured in a shopping centre. When she was doing some shopping in the evening at approximately 8pm. She was walking by a number of stores in the food section. As it was later at night the particular store that she was walking by was closed. The store was one in which sold food products similarly to a delicatessen. On the floor surface was water which emanated from the store. The water seemed to be dripping from a refrigerated display unit. As a result our client slipped and fell.

Our extensive investigations throughout the proceedings proved quite fruitful whereby it was discovered through the centre management that this particular store had this problem prior to the incident and in fact it was warned to rectify the problem. This problem was rectified and another warning was given after the incident reminding the store of the leaking unit and making specific reference to our client’s injury.

As a result our client suffered aggravation injuries which she had previously to her arms and leg. The matter was commenced against the particular store. In this case it was considered not necessary to join the centre management and/or the cleaning company given the circumstances of the accident seem to flow directly to the particular store and not as a result of an improper cleaning system or inspection by the centre management and its cleaners.

The matter was listed for hearing. A settlement conference was held at the office of the Defendant’s Solicitor’s. Matters that involved pre existing injuries and aggravations are complex and there was an added problem of the fact that our client’s work history prior to the accident as she was not working for quite a period of time beforehand which had an effect on any claim for economic loss.

After extensive negotiations a settlement was achieved of an amount in excess of $85,000.00 compensation. The client was happy with the settlement in the knowledge that the issues relating to her injuries and the economic loss claim may have been a challenge at a hearing of the matter.

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